Welcome to FIDDLER'S CREEK®. The following websites are owned and operated by the Gulf Bay® Group of Companies and its affiliates (collectively "Gulf Bay®"; for purposes of this website references to Gulf Bay® include its affiliates, 951 Land Holdings, Ltd., GBFC Development, Ltd., GBP Development, Ltd., Fiddler's Creek, L.L.C., Fiddler's Creek Realty, Inc., FC Golf, Ltd., FC Beach, Ltd., GBFC Marina, Ltd., GB.com, Inc. GB 500, Inc., Gulf Bay Hospitality Company, Gulf Bay Hotel Company, Gulf Bay Construction Company, Gulf Bay Homes, Ltd., Gulf Bay Mortgage Services, Inc., Gulf Bay Marketing Group, Inc., Beachfront Properties, Inc., Parcel T Joint Venture, Parcel J Joint Venture, DY Associates Joint Venture, The Tarpon Club®, and The Golf Club at Fiddler's Creek®, to name a few.): www.gulfbay.com; www.fiddlerscreek.com; www.highrise.biz; www.marcoresort.com; www.marcobeachoceanresort.com; www.backwaternicks.com; www.caxambasatfiddlers.com; www.sale-e-pepe.com and www.gulfbaymortgage.com. (Each such website shall be individually referred to herein as, a "Gulf Bay® Website," and collectively as, "Gulf Bay® Websites").
Terms of Use - Please read carefully the terms of use ("Terms of Use") described below before using any Gulf Bay® Website. Your access to and use of any Gulf Bay® Website is subject to these Terms of Use (including this Terms of Use and Privacy Policy, and all applicable laws). By using or visiting any Gulf Bay® Website, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use any Gulf Bay® Websites.
These Terms of Use may be modified or amended, or new conditions may be imposed, at any time, and replaces all previous terms of use, and cannot be modified orally by any of our representatives, employees or officers. Any such changes or additions will be reflected by an update of this posting. Please check the Terms of Use periodically for such changes. Your continued use of a Gulf Bay® Website following the posting of changes to these terms will mean you accept those changes. Gulf Bay® reserves the right to impose limits, at any time, on certain features and services or restrict your access to parts or the entirety of any Gulf Bay® Website without notice or liability.
Use of Materials on Gulf Bay® Websites. Gulf Bay® Websites include written materials, photos, images, trademarks, logos and other intellectual property and proprietary materials which are either owned by, or otherwise made available by permission to Gulf Bay®. Except as provided in these Terms of Use, no materials contained in the Gulf Bay® Websites may be reproduced, republished, uploaded, copied, transmitted, distributed, publicly displayed or otherwise used, without the written permission of Gulf Bay®. All trademarks and logos found on Gulf Bay® Websites are either owned by, licensed to, or made available by permission to Gulf Bay®, and may not be used without the express written permission of Gulf Bay®. Images of people or places displayed on Gulf Bay® Websites are either the property of or used with permission by Gulf Bay®. Use of these images is prohibited without the express written permission of Gulf Bay®. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Gulf Bay® neither warrants nor represents that your use of materials displayed on any Gulf Bay® Website will not infringe rights of third parties.
Privacy Policy - Information on the Internet may find its way to recipients to whom it is not intended or persons you may not want to have such information. This is beyond the control of Gulf Bay®, and you are advised that such transmission may not be secure. Gulf Bay® will use your information for market research purposes, development of prospect lists and project planning, offering you a property in one of our villages or other projects, and you are advised that communications and materials transmitted by you may not be secure. Also, communications and materials transmitted to a Gulf Bay® Website by electronic mail or otherwise, including any data, questions, comments, or suggestions is, and will be treated as, non-confidential and non-proprietary. Communications and materials transmitted or posted shall become the property of Gulf Bay® and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. The use of a Gulf Bay® Website constitutes your permission for such uses. Gulf Bay® Websites are designed to inform and familiarize you with our company, homes, villages and other projects. Gulf Bay® Websites are not intended to constitute an offer of solicitation. Offers to buy or sell property may be made only through the respective sales offices.
Furthermore, Gulf Bay® Mortgage Services, Inc. collects and maintains a range of customer and former customer information so that we may fund and service loans, comply with federal regulations, and offer certain products and services. This information comes from your applications, supporting documents and other forms, your transactions with our affiliates, our business partners and us, and credit reports from a credit-reporting agency. We may share the information we collect and maintain as permitted by law. In addition, at times Gulf Bay® Mortgage Services, Inc. is required to disclose some of your personal information to third parties, such as credit reporting agencies, federal and state regulators and loan investors, so that we can do business with you. Land Sale Disclaimer - This is not intended to be and does not constitute an offer in any state or jurisdiction where prohibited by law. An offer to purchase real property can only be initiated by a consumer at the sales center of the respective Gulf Bay® development. All information is subject to change without notice and information you deem important may be omitted. It is important to refer to your purchase contract, related offering documents and the applicable homeowner association materials for important information about your prospective purchase.
No Reliance on Oral Representations – For all prospective purchasers of condominium units being sold by Gulf Bay® and its affiliates, ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THE PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY. Your decision to buy in a Gulf Bay® community must be based solely upon your examination of the purchase contract, village and community documents, and other written material supplied by Gulf Bay®, and your purchase was not based upon any representation, warranty, statement or conduct of Gulf Bay® or the listing real estate broker, nor upon any future obligation or opportunity to be a member or join either a yacht club or other facility or a private golf and country club.
Status of Facilities and Amenities – All prices, plans, dimensions, specifications, materials and availability in any Gulf Bay® development are subject to change without notice or obligation. Gulf Bay® does not guarantee the obligations of unaffiliated builders who may build and sell homes in Fiddler's Creek®. All club facilities and amenities as presently proposed are not complete (and completion is neither warranted nor guaranteed) nor will all proposed facilities and amenities be located within the property encompassed in the Fiddler's Creek® PUD. Ownership of property within Fiddler's Creek® does not entitle an owner to any right, title, interest, or otherwise to use all planned club facilities, but rather an opportunity to join, subject to club approval and the payment of assessments, deposits, fees, and applicable regulations.
Floor Plans and Pricing – Floor plans and some elevations are artist's renderings and may contain options, which are not standard on all models. We reserve the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as a representation of the home's exact size. The specific features in a home or unit may vary from home to home, and from unit to unit. We reserve the right to substitute equipment, materials, appliances, and brand names with items of equal or higher, in our sole opinion, value. Color and size variations may occur. The prices of our homes, lots and units, as well as standard features and available locations, are subject to change without notice. Prices shown refer to the base home or unit and do not include any optional features. Photos and/or drawings of homes and units may show upgraded features and may not represent the lowest-priced home or unit in the represented village. Pricing also does not include the value, if any, of a possible potential for membership in either a yacht club facility or other facility or a private golf and country club. Please see the actual home, lot or unit purchase contract, standard feature lists, village and community documents, and other governing documents containing additional information, disclosures, and disclaimers relating to the home, lot or unit.
Disclosures - Prospective Purchasers must read and sign, prior to the execution of a purchase contract, a real property sales disclosure, a Fiddler's Creek® disclosure summary and a specific village disclosure summary, all of which should be attached to the purchase contract. Also, in various Gulf Bay® villages, if you purchase a residence from an approved builder, Gulf Bay®, or one of its affiliates, may be entitled to a marketing fee and/or brokerage commission from the approved builder which may be paid by the approved builder or charged to the purchaser. Prospective purchasers should check with their approved builder as to payment and the amount of this fee/commission.
Conceptual Master Site Plan and Village Map Disclaimers - All features, amenities, parking and availability shown on the site plans and village maps are conceptual, and Gulf Bay® reserves the right to modify these site plans and maps, all without notice, including the right to make changes to designs and to build more or fewer homes or units than currently planned. The zoning or land use reflected on the properties surrounding Fiddler's Creek® and other villages therein are, to the best of our knowledge, accurate at this time, but we do not represent that such zoning or land use may not change in the future.
Warranties and Conditions - Everything on this website is provided to you "AS IS." GULF BAY® EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY GULF BAY® WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY OR SATISCATORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE IMPOSED BY STATUTE IN CONNECTION WITH THE HOME OR UNIT.
Equal Housing Opportunity – Gulf Bay® is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing throughout the Nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. EQUAL HOUSING OPPORTUNITY.
Copyright - Gulf Bay® Websites and all materials contained therein, including but not limited to all text, graphics, pictures, photographs, images, line art, icons, renditions, elevations, and floor plans are copyrighted and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of the Gulf Bay®. The pictures and images from these sites may not be reproduced in any form without the prior advance written consent of Gulf Bay®. Gulf Bay® Websites and materials referenced therein are protected by federal law against unauthorized copying and reproduction. The layout and presentation of Gulf Bay® Websites are also protectable trade dress under applicable federal law. Copying of Gulf Bay®'s trade dress is strictly prohibited. Any use, reproduction or distribution of any material from Gulf Bay® Websites, without the express written permission of Gulf Bay®, is expressly prohibited. You are advised that Gulf Bay® actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Trade and Service Marks - The following are Registered Trade Marks or Service Marks of Gulf Bay® and its affiliates: Gulf Bay®, Fiddler's Creek®, Marco Beach Ocean Resort®, Caxambas®, The Gator Grille®, Sale e Pepe® Fine Italian Cuisine, Caxambas®, The Club and Spa at Fiddler's Creek®, The Golf Club at Fiddler's Creek®, The Tarpon Club®, The Creek Course at Fiddler's Creek®, The Hammock Course at Fiddler's Creek™, More Starlight than Stoplights®, Backwater Nicks®, Gator GrilleSM, Chanterelle, Elegant French Cuisine™, Gasparilla™, Villagio™, Latitudes XXVI™, Margaritaville™, and Marsh Cove™. All service names, characters, or logos on Gulf Bay® Websites are either service marks or registered trade and service names of Gulf Bay®. The absence of a company or service name or logo from this list does not constitute a waiver of the Gulf Bay® service mark or other intellectual property rights. All other products and company names mentioned in the Gulf Bay® Websites may be marks of Gulf Bay®. The unauthorized use of any trade or service mark displayed on Gulf Bay® Websites is strictly prohibited.
Liability Disclaimer - Information on Gulf Bay® Websites may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Anyone who prints, downloads, copies or otherwise communicates information from Gulf Bay® Websites is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and further agrees to hold Gulf Bay® and its affiliates harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use. In no event shall Gulf Bay® be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of Gulf Bay® Websites, whether based in contract, tort, strict liability or otherwise even if Gulf Bay® had been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Miscellaneous - By using Gulf Bay® Websites and any information on these websites, the user submits to the exclusive jurisdiction of the state courts of Collier County or federal court (Middle District) located in the State of Florida to resolve disputes of any kind arising out of user's reliance on the information on Gulf Bay® Websites, or any interaction with Gulf Bay® involving the Gulf Bay® Websites.
Gulf Bay® may at any time revise these terms and conditions contained by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
Thank you for taking the time to read all of this important information.
